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1990 (3) TMI 171 - SUPREME COURTWhether English courts would be likely to entertain the instant suit if instituted in England in terms of the bills of lading so that the first respondent is not likely to be without a remedy? Held that:- In the instant case we find from Exts. P1 to P3 that the following has been prominently printed just below the signature `For the Master and Owners’ in the bills of lading. SEE CONDITIONS OF CARRIAGE AND OTHER CONDITIONS ON REVERSE. It can not therefore be said that the shipper, whose knowledge will be attributed to the first respondent did not know of the conditions of carriage printed on the reverse there being no other conditions printed elsewhere in the bills of lading. There is nothing to show that the charterparty was by way of demise. Pacta dant legem contractui - the stipulations of parties constitute the law of the contract. Agreements give the law to the contract. Clause 4 having been a stipulation in the contract evidenced by the bills of lading the parties could not resile therefrom. It is not clear whether the English Carriage of Goods by Sea Act, 1924 or the Indian Carriage of Goods Act, 1925 was applied by the High Court. The Articles and the Rules referred to are to be found in the Schedule to the Indian Act, the Rules whereunder were not applicable to the facts of the case. The dispute could not have been decided partly according to municipal law and partly according to English law. The English law was not proved before the court according to law. The result is that this appeal must succeed. We accordingly allow this appeal, set aside the impugned judgments and remand the case to the trial court for disposal according to law after giving opportunity to the parties to amend their pleadings and adduce additional evidence, if they are so advised, in light of the observations made hereinabove.
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